One of the reasons I'm not a huge fan of litigation is because of something we call discovery. Both sides get the opportunity to drill into each other's private correspondence and look for things neither remembers writing. Given that in litigation reality tends to get blown away by motives and creativity, this can be pretty dangerous.
This was highlighted last week when HP released some of the things that were said inside of Oracle. Most damning is one series of text messages that indicate that Oracle executives who were pitching Sun products thought they were crap and didn't want to pitch them.
To learn more and to read the entire article at its source, please refer to the following page, Sun Hardware 'Blows,' According to Oracle Internal Documents- Computerworld - New Zealand